Child pornography defense lawyer in Ladue, MO. Confronting accusations or charges related to the possession or distribution of child pornography poses a significant risk to your personal and professional reputation. If you’re facing charges for possessing or distributing child pornography in Ladue, MO, you may be looking at serious felony charges and mandatory Missouri sex offender registration upon conviction. It is crucial not to leave your defense to chance in such a critical scenario.
Call the criminal defense attorneys at Combs Waterkotte immediately at (314) 900-HELP or reach out to us online for a free, no-obligation case review. Our expert child pornography defense lawyer will meet with you one-and-one, discuss the specifics of your case, and provide guidance on next steps.
What Can Lead to Child Pornography Charges in Ladue, MO?
While there might be many stereotypes, child pornography charges come up in all walks of life in and around Ladue, MO. Missouri Revised Statute § 573.010 defines child pornography as any obscene material or performance depicting sexual conduct, contact, or sexual performance, including a minor under 18 years old as a participant or portrayed observer of the material.
According to RSMo § 573.037, an individual is charged with the offense of child pornography if they knowingly or recklessly possess any child pornography featuring a minor below 18 years old or obscene material portraying what seems to be a minor less than 18 years old.
A few examples of specific child pornography charges in Ladue and across the state of Missouri are:
- Possessing Child Pornography: The act of having child porn in one’s possession, irrespective of the quantity or form – digital, physical, etc.
- Promoting Child Pornography: Involves distributing or selling child pornography to an adult, or promoting adult pornography to a minor.
- Sexual Exploitation of a Minor: Filming, photographing, or being involved in any aspect of the creation process of child pornography.
If you are confronted with charges related to any of these instances or other child pornography charges, it is imperative to contact Combs Waterkotte right now at (314) 900-HELP or reach out to us online. You need an experienced advocate on your side to protect your reputation, rights, and future.
St. Louis County Resources
Below are quick links to important websites that may assist you with your legal matters in St. Louis County and Missouri.
What Are the Penalties for Child Pornography in Ladue, MO?
From a statutory perspective, as outlined in RSMo § 573.037, the offense of child pornography is considered a class D felony when possessing just one still image of child pornography or one still image considered obscene. The severity of the offense escalates to a class B felony in Ladue, MO if any of the following conditions apply:
- Possess over 20 still images of child pornography
- Possess over 20 obscene still images
- Possess child pornography in the form of one motion picture, film, videotape, videotape production, or other moving image
- Possess obscene material in the form of one motion picture, film, videotape, videotape production, or other moving image
- Have previously been found guilty of an offense under this section
Penalties for Promotion of Child Pornography in Ladue, MO
Engaging in the promotion of child pornography to an adult is classified as a class C felony, carrying potential penalties of up to 7 years in prison along with fines. Moreover:
- Knowingly promoting child pornography to a minor or distributing obscene material featuring a child under the age of 14 could escalate the charges to a class B felony, leading to imprisonment for a duration of 5-15 years.
- If you have had a previous child pornography conviction, wholesale promotion of child porn, or promoting child porn to a minor in Missouri, it’s a class D felony and could mean 4 years in prison and fines.
Penalties for Sexual Exploitation of a Minor in the Ladue, MO Area
Charges related to sexual exploitation of a minor are categorized as a class B felony. However, if the child involved was under the age of 14 the charges are elevated to a class A felony, carrying a minimum prison sentence of 10 years and a maximum of life in prison.
Who Has to Register as a Sex Offender in Ladue, MO and Throughout Missouri?
According to RSMo § 589.400, any individual charged with the following crimes is required to register with the Missouri Sex Offender Registry within three days of their conviction or release from jail, prision, or probation:
- Possessing and/or promoting child pornography
- Using children in sexual performances
- Promoting sexual performance by children
- Sexually exploiting a minor
- Public display of sexually explicit material
- Promoting pornography for minors
- Promoting obscenity
- Coercing others to accept obscene materials
- Promoting prostitution
- Sexual contact with nursing home residents
Missouri also breaks down offenders into different tiers for sex offender registration requirements, including:
- Tier I Offenders: These individuals have a 15-year registration requirement and must report to the Chief Law Enforcement Officer (CLEO) in person once a year. These offenses do not include child pornography, and typically include misdemeanor sexual offenses or minor statutory offenses.
- Tier II Offenders: These have a 25-year registration requirement and must report to the CLEO in person semiannually. Offenses in this category may include possession of child pornography, indecent exposure, and other nonviolent sexual crimes against minors.
- Tier II Offenders: These have a lifetime registration requirement and must report to the CLEO in person every 90 days. These offenses include violent acts including rape, child molestation, sexual assault, as well as repeat offenses.
Penalties for Failing to Register as a Sex Offender in Ladue, MO
Failure to register as a sex offender is a class E felony unless the individual is required to register after being charged with an offense in chapter 566 which was an unclassified felony, a class A or B felony, or a felony involving a child under the age of 14, in which case it turns into a class D felony.
Combs Waterkotte is an award-winning criminal defense law firm based in St. Louis. In addition to expert legal representation from our skilled Ladue, MO child pornography attorneys, we provide assistance in the following areas for clients in Ladue and anywhere in Missouri:
What Are Common Defenses Against Child Pornography Charges in Ladue, MO?
The Combs Waterkotte skilled Ladue, MO child pornography defense team has a combined 60-plus years of experience defending clients throughout Ladue, MO in cases just like yours. While each case presents its own unique circumstances, our attorneys employ various defense strategies, including:
An Unintentional Possession Defense
The basis of this defense, also commonly referred to as “unintended possession,” is that you didn’t mean to have child porn in your possession, or that the material did not belong to you. It could be applicable if child pornography was found on a shared computer or hard drive or on a device accessible to individuals other than yourself without your knowledge. An unintentional download through an unsecured network or the malicious actions of a vengeful ex-spouse or someone else in Ladue, MO could also be considered.
Your knowledgeable Combs Waterkotte defense lawyer will work to establish that you were not aware of possessing child porn. Give us a call now at (314) 900-HELP or reach out to us online.
An Accidental Possession Defense
The internet can be a treacherous environment. Your computer is continuously susceptible to viruses, spyware, malware, spam, or various other inputs without your knowledge or consent. These intrusions could easily include child pornography or other obscene materials. You, like many other individuals in Ladue and throughout Missouri, have numerous files on your computer you didn’t even know existed.
“Not Child Porn” Defense
This defense challenges the prosecution’s burden to prove that the subject of the material in question was under 18 years of age. Also, if the material in question serves a scientific, religious, or educational purpose it should not be considered child pornography.
Illegal Search and Seizure
Law enforcement may make procedural errors violating an individual’s Fourth Amendment rights under the Constitution. The defense team at Combs Waterkotte always has your rights, your future, and your best interests in mind in Ladue, MO. If evidence was seized illegally, your Ladue, MO child pornography defense lawyer will argue its inadmissibility.
Entrapment
Entrapment can manifest in various situations throughout the Ladue, MO area. This defense asserts that you would not have committed the offense if law enforcement hadn’t contacted you and persuaded you to do so. Officers could also try to induce individuals to purchase content which wasn’t clearly labeled or believed to be child porn, only to arrest them for buying child porn. Entrapment happens more often than we might realize, especially in instances where law enforcement conducts child porn sting operations, rounding up a multitude of individuals, not all of whom are guilty.
Psychological Addiction/Mitigating Circumstances
While it isn’t necessarily a winning defense, claiming a psychological addiction to child pornography can serve as a strategy to reduce your sentence or, in some cases, avoid imprisonment through participation in a treatment program and probation. Some mitigating factors your Combs Waterkotte Ladue, MO defense lawyer can present could include mental health issues, a history of abuse or neglect, extreme stress or anxiety, family conflict, lack of guidance as a child, and others.
Don’t Hesitate – Connect With a Ladue, MO Child Pornography Defense Lawyer Right Now at Combs Waterkotte
Child pornography charges are gravely serious and can cast enduring, if not permanent, shadows on your reputation and future in Ladue, MO. However, even in the face of such severity, there exist defenses that can wield effectively by the adept and relentless Combs Waterkotte legal team. Don’t risk navigating the uncertainties and complexities of the Ladue or Missouri legal system alone.
We know that good people often find themselves caught in bad situations in Ladue and throughout Missouri. We’re here to help. Call our expert Ladue, MO child pornography defense lawyers right away at (314) 900-HELP or fill out our online contact form to schedule a free, confidential consultation.